Legal Question in Technology Law in California

website transfer issue...

I can't let go of this one. Here's the short version of the problem...

A couple of months ago, I won an auction from a lady on ebay for a clothing website. Not too long after I paid for it, she was booted off ebay for unstated reasons and she has not responded to any of my attempted communication. So not only has she never shipped me the inventory, I have a dead website and no way to get control of it. Do I have any recourse here ??


Asked on 2/06/08, 12:55 pm

2 Answers from Attorneys

Cathy Cowin Law Offices of Cathy Cowin

Re: website transfer issue...

From a practical standpoint, most purchases on eBay are not high dollar amounts and often involve people in different locales. This makes pursuing problems costly and impracticable in most cases, which is why I personally treat it like gambling (i.e. don't bet more than you're willing to lose). Although I don't gamble, I do eBay (smile). You don't mention the price and I don't want to assume, but from a practical analysis you have to consider this issue first and it probably rules out traditional court enforcement of your bargain. In response to this problem, eBay and many other websites have made significant efforts to offer ODR (Online Dispute Resolution) programs. As they have already kicked this person off as a seller, there may be little threat to enforcement, but it is worth a few mouse clicks to investigate the option. Also, you don't mention how you paid. If it was through PayPal, they also offer ODR and may continue to have some enforcement authority or you may have the ability to retrieve your money if you can't achieve your original goal relating to the website control.

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Answered on 2/13/08, 12:30 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: website transfer issue...

This isn't a "Computer & Technology Law" question - repost in Civil Litigation or Business Law and then you may get a response.

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Answered on 2/10/08, 9:51 pm


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